ITAT held that entire receipts cannot be treated as unexplained when income is already offered to tax. Only unverifiable expenses can be disallowed.
The Tribunal held that capital gains arising from property transferred to a spouse without consideration must be taxed in the transferor’s hands under Section 64(1)(iv). Reassessment was invalid as the income had already been taxed in the husband’s return.
ITAT Delhi held that reassessment proceedings under Section 147 cannot be initiated while scrutiny assessment under Section 143(2) is still pending. Such parallel proceedings are without jurisdiction and render the entire reassessment order invalid.
The Tribunal condoned a 161-day delay in filing the appeal after accepting medical evidence showing the assessee suffered an accident and dengue fever. The ruling reiterates that courts should adopt a liberal and justice-oriented approach in condonation matters.
The ITAT relied on surrounding circumstances, documentary evidence, and the principle of human probabilities to conclude that cash consideration was paid in a land transaction. The Tribunal confirmed the addition of unaccounted sale consideration as short-term capital gains.
Section 60 of the CGST Act allows temporary tax payment when liability is uncertain, ensuring business continuity while protecting revenue.
The Tribunal set aside the CIT(A)’s order because the appeal was dismissed on limitation without properly examining delay condonation grounds. It held that non-speaking orders passed without adequate hearing violate principles of natural justice and require fresh adjudication.
The Tribunal held reassessment invalid as approval was taken from Pr. CIT instead of Pr. CCIT under Section 151(ii). Jurisdictional non-compliance rendered the notice void.
The Tribunal held that exclusion of time for transfer of seized material applies only within the running limitation period. As the assessment was passed beyond the recalculated deadline, it was quashed as barred by limitation.
The Tribunal held that once reassessment is validly initiated, the Assessing Officer can tax any escaped income discovered later. Additions need not relate to the original reopening reason.